Apr 22, 2013 7:00am PDT
. >> and dan, how much longer can this questioning go on without reading the suspect his miranda rights? apparently, it hasn't happened yet. >> they're calling it the public safety exception. unclear how long they're allowed to do it. in past cases, like the underwear bomber, they questioned him for about 50 minutes and a court determined that was okay without a miranda warning. the further the time is away from the incident itself, the more perilous it is constitutionally. at some point, it doesn't matter. he challenges it later on, the court says, you shouldn't have done it. you shouldn't have questioned without his miranda. what happens then? that means, they throw out his statement. so what? they don't need his statement in connection. >> they have all the other evidence. >> this is about getting intelligence from him. not a statement they can use in court. >> and these charges expected to be filed. almost certain to face the death penalty. >> it will be a death-eligible charge for sure. a decision made later to seek the death penalty. the use of a weapon of mass destruction would b
Apr 21, 2013 5:30pm PDT
? rather you walk through a miranda warning, someone has a chance to step back, what's this about an attorney? what's this about a right to remain silence? you need to protect the public. you need that information. >> do you believe that young man h y to facthat pelt >> given the nathese crimes, i would say the answer to that is yes. >> the city of boston is angry, justifiably. and that anger is unlikely to dissipate very quickly. so, can he get a fair trial in that city? >> very difficult to move a trial. the legal standard essentially no jury in this city will be able to look fairly on this evidence. very high standard. i believe he will face trial in boston. >> michael garcia, thank you. appreciate it. >> thank you. >>> as investigators peer deeply into the lives of the bombing suspect, they will look at what happened in a remote and dangerous part of russia, visited not long ago by the older brother. he apparently came back a changed man. and abc's kirit radia is there tonight. >> reporter: last year, tamerlan traveled here, to dagestan, a region home to an islamist uprising.
Apr 21, 2013 5:00am PDT
will not be read his miranda rights. his surrounding days of terror in boston and party town. they did everything to capture him live after his brother was killed in a blazing shootout with police friday. from the white house down -- or thursday down, rather. from the white house down the priority is to learn the motives of the two brothers who they say are responsible for the attack at the marathon. he was captured friday night and taken to the hospital. but once he is a conscious, a special team of agents will question him without telling him he has right to remain silent or the right to have a lawyer for about 50 minutes. it's a special exemption. >> we will determine what happened. we will investigate any associations that these terrorists may have had. >> there there is a public safey exemption in cases of national security and charges involving acts of terrorism so the government has that opportunity. >> meanwhile hundreds of people honored m.i.t. police officer sean colyer, who was shot to death in his cruiser thursday night. police believe they shot and killed the 26-year-old campus cruis